Intermediary orders and opinion of judges continuity
Stephen
(Querist) 02 July 2019
This query is : Resolved
Dear Respected Sirs / Madam,
I have filed OS5854/2016 for money recovery and cancellation of sale deed against 6 defendants of the entire family members. The case had progressed well with both sides cross examined (while at cross examination, defendant acknowledged OS598/2010 of the entire survey was in favor of the then plaintiff favouring declaration order,decree and judgement)
Post that the current case 5854 was posted for argument stage and unfortunately the as per court routine, the judge got transferred and since the new judge taken over, the defendant wants to take advantage of the situation and approaching court to revert the case to back to evidence stage. While in the affidavit the evidence names mentioned has no connection. In this scenario kindly help me with your advice / input on the following.
a) Will the new judge acknowledge our objection and not allow case to back to evidence stage and post for argument phase
b) Would the previous judge (prior to transfer) would have left any hand-over notes about the case along all the observation and interim oders for current judge to administer right and timely justice and judgement
c) Importantly the 1st defendant has been claimed as expired/dead by other defendants and that to my awareness they have not submitted death certificate?. Should this not be mandatory for judge to insist that a certificate be produced to court ?. Also should we not raise objections before Judge
I seek help from the esteemed panel as my advocate is not providing being helpful and very passive to my clarifications
Thanks & Regards
Stephen
KISHAN DUTT KALASKAR
(Expert) 02 July 2019
Dear Sir,
Normally if any of the parties not examined for any reason and case is posted for arguments or final arguments then on relevant application filed by the aggrieved party, the Court will receive objections from the other party and pass orders accordingly. The Judge always stand at neutral place.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 03 July 2019
Order sheet of the case is required to be inspected before forming an opinion and oblige.
However, what is the opinion and advise of your lawyer who is successfully contesting/proceeding your case(s) and well aware about the facts and circumstances of the case? Have you lost faith in your lawyer? If so. change him/her immediately.
It would be advisable to consult a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) with records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # + 01 98911 52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
